Citation : 2022 Latest Caselaw 20004 ALL
Judgement Date : 5 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 22602 of 2022 Applicant :- Rakesh Yadav And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Sri Sumit Kumar Srivastava, learned counsel for applicants, after arguing at some length, on instructions, submits that this application is not pressed on merit and further submits that applicants are desirous to appear before the learned trial Court in pursuance of charge sheet dated 09.12.2021 passed in Case No. 900 of 2022 (State vs. Rakesh Yadav) arising out of Case Crime No. 115 of 2021 under Sections 147, 148, 149, 332, 353, 186, 504, 506, 336, 269, 270 I.P.C. and 7 of Criminal Law Amendment Act, 1932 and Section 51 of Disaster Management Act, 2005, Police Station- Brijmanganj, District- Maharajganj, pending before Judicial Magistrate, Farenda, District- Maharajganj and further prays that learned trial Court be directed to consider their bail application in view of the judgment passed by Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.
Learned A.G.A. for the State has no objection if such a prayer of counsel for applicants is accepted.
In view of the above submissions, the prayer made in this application is rejected.
This application is disposed of only to the extent that in the event, the applicants appear before the learned trial Court in the above referred case within a period of two weeks from today and file bail application, the same shall be considered in the light of the judgment of the Supreme Court in the case of Satendra Kumar Antil (supra).
Order Date :- 5.12.2022
Nirmal Sinha
(S.No. 25/389 fresh cases)
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